Chandran Vs the Assistant Engineer — Writ and Judicial Review | Madras HC (2025)

Chandran Vs the Assistant Engineer — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: petitioner to upload/produce document Nos.1 to 5 and an indemnity bond or letter of undertaking for document No.6 within one week; respondent authorities to act upon the prayer within three weeks therefrom; connection, if approved, to be effected as per seniority. No order as to costs; connected miscellaneous petition (W.M.P.No.8918 of 2025) closed.

Issue for consideration

Whether the communication dated 30.12.2024 issued by the second respondent, directing the petitioner to produce six documents including a No Objection Certificate from the co-owner, should be quashed. +1 more

Court's answer

By the impugned communication dated 30.12.2024 the petitioner was only directed to produce six documents; the petitioner expressed no difficulty in respect of document Nos.1 to 5 and shall upload or produce them before the respondent authorities.

Ratio / Principle

As far as document No.6 (co-owner consent/NOC) is concerned, it is settled even as per the terms of supply that if the co-owner is not granting consent, the petitioner can give a letter and thereafter an indemnity bond to the respondent authorities, and they will effect the connection by taking into account the indemnity bond.

Key takeaways

The petitioner was given liberty to upload/produce document Nos.1 to 5 and an indemnity bond or a letter of undertaking in respect of document No.6 within one week from receipt/production of a web-copy of the order, without waiting for a certified copy.ratio¶61
Upon receipt of the petitioner's documents/representation, the respondent authorities shall further act upon the prayer of the petitioner within a period of three weeks therefrom.ratio¶67
If the petitioner's application is approved, the electricity connection will be effected as per seniority.

Detailed headnote1 paragraphs

Writ Petition under Article 226 of the Constitution of India - Agriculture electricity connection - Communication dated 30.12.2024 (Letter No.J.E./O&M/Ocheri/Ko.Independant/2024-25/No.159) of the Junior Engineer, TANGEDCO, Ocheri Division, Ranipet District, directed the applicant to produce six documents, including a No Objection Certificate from the co-owner - Co-owner not co-operating - Held: (i) the impugned communication only sought six documents; petitioner to upload/produce document Nos.1 to 5; (ii) for document No.6, it is settled even as per the terms of supply that where the co-owner withholds consent, the applicant may give a letter followed by an indemnity bond and the connection will be effected taking the indemnity bond into account; (iii) documents/indemnity bond or letter of undertaking to be furnished within one week of a web-copy of the order, and the authorities to act upon the prayer within three weeks therefrom; (iv) if approved, connection to be effected as per seniority; any other impediment to be duly considered - Writ petition disposed of; no order as to costs; connected miscellaneous petition closed.

W.P.No.7942 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.03.2025

CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

W.P.No.7942 of 2025

and W.M.P.No.8918 of 2025

Chandran

.. Petitioner

Versus

The Assistant Engineer, Tamil Nadu Generation and Distribution

Corporation Limited,

Operation and Maintenance,

Ocheri Division, Ranipet District.

The Junior Engineer,

Tamil Nadu Generation and Distribution

Corporation Limited, Operation and Maintenance, Ocheri Division, Ranipet District.

Vasudevan

.. Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Certiorarified Mandamus calling for the records

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relating to the order passed by the 2nd respondent communication in Letter No.J.E./O&M/Ocheri/Ko.Independant/2024-25/No.159, dated 30.12.2024

and quash the same and further directing the 2nd respondent to provide electricity supply to the petitioner's land comprised in Survey No.220/B, New Survey No.220/B1, having an extent of 0.53 ares, Acre 1.31 cents at Aayarpadi village, Ranipet district without insisting for the no objection certificate from the 3rd respondent.

For Petitioner : Mr.V.M.Venkataramana

For Respondents : Mr.S.Madhusudhanan, for RR-1 and 2

ORDER

This Writ Petition is filed challenging the communication, dated

30.12.2024 and to quash the same and to direct the second respondent to

provide electricity supply to the petitioner's land comprised in S.No.220/B,

new S.No.220/B1 having an extent of 0.53 ares in Aayarpadi village,

Ranipet district.

The grievance of the petitioner is that when the petitioner had duly

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applied for the agriculture connection belonging to the aforementioned land,

the impugned communication is now issued. By the impugned communication, one of the documents, which is now sought for, is No Objection Certificate from the co-owner. The co-owner is not co-operating

with the petitioner and whenever, the co-owner is not co-operating, it will be open for the petitioner to furnish an indemnity bond. Therefore, the petitioner is before this Court.

The learned Counsel for the respondent Nos.1 and 2, by the

impugned order, the prayer of the petitioner is not rejected, but, only certain documents are sought for. Due application of mind will happen only after

the documents are uploaded and they will consider the same in accordance

with law. There is also yet another connection within the 10 meters radius, which is also to be considered.

I have considered the rival submissions made on either side and

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perused the material records of the case.

By the impugned communication, dated 30.12.2024, the petitioner

is only directed to produce six documents. There is no difficulty expressed

by the petitioner in respect of document Nos.1 to 5 and therefore, he shall

upload or produce the same before the respondent authorities. As far as the

sixth respondent is concerned, it is settled even as per the terms of supply

that if the co-owner is not granting consent, the petitioner can give a letter

and thereafter, an indemnity bond to the respondent authorities and they will

effect connection by taking into account the indemnity bond.

However, if there is any other impediment, the same will also be

duly considered by the respondent authorities. The petitioner is given liberty

to upload/produce the document Nos.1 to 5 and also an indemnity bond or a

letter of undertaking in respect of document No.6 within a period of one

week from the date of receipt/production of a web-copy of this order without

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waiting for a certified copy of this order. Upon receipt of the said

document/representation of the petitioner, the respondent authorities shall further act upon the prayer of the petitioner within a period of three weeks therefrom. If the petitioner's application is approved, needless to mention

that the connection will be effected as per the seniority.

With the above observations, this Writ Petition is disposed of.

There shall be no order as to costs. Consequently, connected miscellaneous

petition is closed.

10.03.2025

Neutral Citation : no grs

To

The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Operation and Maintenance, Ocheri Division, Ranipet District.

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W.P.No.7942 of 2025

The Junior Engineer,

Tamil Nadu Generation and Distribution Corporation Limited, Operation and Maintenance, Ocheri Division, Ranipet District.

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W.P.No.7942 of 2025

D.BHARATHA CHAKRAVARTHY, J.

grs

W.P.No.7942 of 2025 and W.M.P.No.8918 of 2025

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10.03.2025

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